How much is administrative fine for public land invasion and appropriation in Vietnam?

How much is administrative fine for public land invasion and appropriation in Vietnam?

Pursuant to Article 14 of Decree 91/2019/ND-CP as amended by Clause 3, Article 1 of Decree 04/2022/ND-CP stipulating land invasion and appropriation as follows:

1. Invasion or appropriation of unused land in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

c) A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

d) A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

dd) A fine ranging from VND 30,000,000 to VND 70,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more;

2. Invasion or appropriation of agricultural land other than paddy land, land for reserve forests, protection forests or production forests in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

c) A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

dd) A fine ranging from VND 50,000,000 to VND 120,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more;

3. Invasion or appropriation of agricultural land that is paddy land, land for reserve forests, protection forests or production forests in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if invaded or appropriated land area is less than 0.02 hectare;

b) A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed if invaded or appropriated land area is from 0.02 hectare to less than 0.05 hectare;

c) A fine ranging from VND 7,000,000 to VND 15,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

d) A fine ranging from VND 15,000,000 to VND 40,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

dd) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

e) A fine ranging from VND 60,000,000 to VND 150,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more;

4. Invasion or appropriation of non-agricultural land, except cases specified in Clause 6 of this Article in rural areas shall be sanctioned as follows:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if invaded or appropriated land area is less than 0.05 hectare;

b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if invaded or appropriated land area is from 0.05 hectare to less than 0.1 hectare;

c) A fine ranging from VND 40,000,000 to VND 100,000,000 shall be imposed if invaded or appropriated land area is from 0.1 hectare to less than 0.5 hectare;

d) A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed if invaded or appropriated land area is from 0.5 hectare to less than 01 hectare;

dd) A fine ranging from VND 200,000,000 to VND 500,000,000 shall be imposed if invaded or appropriated land area is 01 hectare or more.

5. Invasion or appropriation of unused land, agricultural land, non-agricultural land (except for cases specified in Clause 6 of this Article) in urban areas shall be met with twice the fine amounts imposed on corresponding land types specified in Clauses 1, 2, 3 and 4 of this Article and an individual shall face a fine up to VND 500,000,000 and up to VND 1,000,000,000 for organization.

6. Invasion and appropriation of land belonging to construction security perimeter, land for construction surrounded by security perimeter, and land for base offices and business operation offices of agencies and organizations according to regulations and law on management and use of state assets shall be sanctioned in accordance with regulations and law on administrative sanctions regarding construction investment; extraction, process and trade of minerals as construction materials, business operation regarding construction materials; management of technical infrastructural constructions; real estate trade, housing development, house and office management and use; road and railway traffic; culture, sports, tourism, and advertising; extraction and protection of hydropower structures; flood control systems; storm prevention and counter; management and use of state assets and other specialized fields.

7. Rectification measures:

a) Enforced restoration of land to its original conditions before the violations with respect to cases specified in Clauses 1, 2, 3, 4 and 5 of this Article and enforced return of invaded and appropriated land; except cases specified in Points b and c of this Clause;

b) Enforced land registration as per the law in case of eligible to be recognized for land use rights and in case the land user violates the law but he/she can temporarily use the land until the Government expropriate the land according to Article 22 of Decree No. 43/2014/ND-CP;

c) Enforced continued adoption of procedures to allocate and lease land as per the law in case of using land before completing procedures to allocate and lease land;

d) Enforced submission of illegal revenues generated by committing the violations specified in Clauses 1, 2, 3, 4 and 5 of this Article; the illegal revenues shall be determined according to Clause 2 Article 7 of this Decree.

Thus, in case of public land invasion and appropriation in Vietnam, the maximum fine is not more than 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations as prescribed, depending on each specific case.

What is statute of limitations for handling of administrative violations of public land invasion and appropriation in Vietnam?

According to Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012, as amended by Clause 4, Article 1 of the Law on Handling of Administrative Violations, amended in 2020, statute of limitations for handling of administrative violations is prescribed as follows:

1. The statute of limitations for administrative violation sanction is regulated as follows:

a) The limitation period for imposition of an administrative penalty shall be 01 year, except in the following cases:

The limitation period for imposition of sanctions against administrative violations arising from the following sectors and activities: accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fishery; forestry; investigation, planning, exploration, extraction and use of water resources; oil and gas and other mining activities; environmental protection; atomic energy; management and development of houses and offices; land; levees; press; publishing; commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods; foreign worker management, the statute of limitations for sanctioning administrative violations, shall be 02 years.

The limitation period for imposition of sanctions against administrative violations arising from taxes shall be subject to laws on tax administration;

b) The time to calculate the statute of limitations for administrative sanctions regulated at Point a, Clause 1 of this Article shall be regulated as follows:

For administrative violations have ended, the statute of limitations shall be from the termination of violations.

For administrative violations being done, the statute of limitations shall be from the time of detecting violations;

c) In the case of administrative sanctions for individuals transferred by proceeding agencies, the statute of limitations shall be applicable according to the provisions of Points a and b of this Clause. The period when proceeding agencies handle, consider the case shall be included in the statute of limitations for administrative sanctions.

d) Within the period specified in points a and b of this Clause, individuals, organizations deliberately evade or obstruct the sanctioning, the statute of limitations for administrative sanctions shall be re-calculated from the time terminating the acts of evading or obstructing the sanctioning.

According to this Article, statute of limitations for handling of administrative violations of public land invasion and appropriation in Vietnam is 2 years.

What actions are considered public land invasion and appropriation in Vietnam? 

In Clause 1, Clause 2, Article 3 of Decree 91/2019/ND-CP, as amended by Clause 1, Article 1 of Decree 04/2022/ND-CP, it is stipulated as follows:

1. “Land invasion” refers to displacement of markers or boundary of a plot by a land user to expand his/her land area without permission of a land regulatory authority or legal user of that invaded stretch of land.

2. “Land appropriation” refers to one of following cases:

a) Deliberately use land without permission of land regulatory authorities; or

b) Deliberately use land legally owned by other organizations or individuals without permission thereof; or

c) Use land allocated or leased by the Government whose use period has expired without being extended by the Government and with decision on expropriation that has been declared and implemented but the land user fails to comply (except for cases in which households or individuals directly conducting agricultural activities use agricultural land);

d) Use land on the spot without completing procedures of land allocation or lease as per the law.

Thus, the act of public land invasion and appropriation is an act of invasion upon or appropriation land in one of the cases specified above in Vietnam.

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